Mwaura t/a Karuru Mwaura & Co Advocates v County Secretary, Kiambu County & 2 others [2025] KEHC 2086 (KLR)

Mwaura t/a Karuru Mwaura & Co Advocates v County Secretary, Kiambu County & 2 others (Judicial Review Application E083 of 2022) [2025] KEHC 2086 (KLR) (Judicial Review) (11 February 2025) (Ruling)

Neutral citation: [2025] KEHC 2086 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Judicial Review

Judicial Review Application E083 of 2022

RE Aburili, J

February 11, 2025

Between

Daniel Karuru Mwaura T/A Karuru Mwaura & Co. Advocates

Applicant

and

County Secretary, Kiambu County

1st Respondent

Chief Officer Finance, County Treasurer

2nd Respondent

County Government Of Kiambu

3rd Respondent

Ruling

1. On 16/1/2025, this court directed the Respondents, contemnor County Secretary and Chief Officer, Finance Kiambu County Government to appear in court today for mitigation following the finding of guilt for contempt of court and disobedient of court orders on 17/2/2024.

2. The Advocate for the Respondents has expressed his frustrations in his bid to contact the Respondents to comply with orders of the court. He extracted and served the Respondents with the court order of 16/1/2025 requiring them to pay the Kshs. 2,000,000 into court by generating for them an invoice to facilitate ease of payment and also the order that they appear today for mitigation was served upon them by their advocates.

3. The Advocate also called them but that their phones have gone unanswered. He asks for more time to try and contact them again.

4. The applicants’ counsel prays for a warrant of arrest to be issued and executed by Kiambu County Police Commander to arrest and bring the two contemnors to court.

5. I have heard both parties’ counsel and revisited the orders of contempt made on 17/3/2024 which have never been challenged, and the subsequent orders for settlement of the decree which orders have been brazenly disobeyed by the Respondents.

6. This court is left with no option but to issue warrant of arrest against the respondents to appear in court, mitigate and show cause why they cannot be punished for continuous brazen disobedience of court orders.

7. Accordingly, I hereby issue warrants of arrest for the arrest of Mr. Peter Ndegwa, County Secretary, County Government of Kiambu and Mr. William Kimani, Chief Officer, Finance, County Government of Kiambu, who were found by this court to be in contempt of court on 17/3/2024 and the warrants of arrest to be executed by the County Police Commander, Kiambu County. The applicant shall facilitate the County Commander to cause the arrest of the two officers who shall be brought before this court immediately upon arrest, for mitigation as earlier directed.

8. The applicant to serve a copy of this Ruling together with the warrants of arrest upon the Police County Commander, Kiambu County.

9. Mention on 26/2/2025 for further directions. I so order.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 11TH DAY OF FEBRUARY, 2025R.E. ABURILIJUDGE